ISH KUMAR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ISH Kumar and his brother Gulshan Kumar were tried by the learned Additional Sessions Judge, Jalandhar for an offence under Section 307/323/34 I.P.C. for an attempt on the life of Mangal Singh and for causing injuries to his wife Shanti Devi and Harnam Singh and Section 27 Arms Act. Vide judgment dated July 22, 1993 Ish Kumar was held guilty under Sections 307/323/34 I.P.C. while Gulshan Kumar was held guilty under Sections 323/307 read with 34 I.P.C. Both were sentenced to undergo rigorous imprisonment for 7 years and six months under Sections 307 and 323/34 IPC respectively, pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months. The sentences were directed to run concurrently. The Appellants have filed the present appeal to challenge their conviction and sentence.

(2.) MANGAL Singh and three others had also faced trial for injuries inflicted on Ish Kumar. The learned Additional Sessions Judge vide judgment dated July 22, 1993 acquitted Mangal Singh and others. The case against Ish Kumar and Gulshan Kumar was that their house adjoined the house of Mangal Singh (PW -2) and while Mangal Singh was away to work, Ish Kumar placed a lintel on his house which rested on a wall of Mangal Singh's house. On October 14, 1986 when Ish Kumar started raising a wall on the wall of Mangal Singh's house, a dispute arose between him and Mangal Singh over the raising of the wall. The matter was referred to two Arbitrators, namely, Shori Tailor and Iqbal Singh, Advocate. October 16, 1987 was fixed for the Arbitrators to visit the site but when they did not turn up, Mangal Singh (PW -2) came in front of the house of Ish Kumar and started raising lalkaras. Harnam Singh (PW -4), who was also present at the spot, stepped forward and Gulshan Kumar hit him on his left hand with a stick. Mangal Singh tried to save himself but Ish Kumar fired a shot through a window of the upper story of the house (chaubara) which hit Mangal Singh on his right thigh. When Mangal Singh's wife Shanti Devi (PW -3) came to rescue her husband, Ish Kumar fired a second short which hit Shanti Devi's big toe. On hearing the commotion, Mangal Singh's son Inderpal Singh also reached at the spot and evacuated the injured to the hospital. The injured were medico - legally examined by Dr. Iqbal Singh (PW -6) on October 16, 1987 at Civil Hospital, Jalandhar. Mangal Singh was found to have following injury:

(3.) HARNAM Singh (PW -4) was medico -legally examined at 9.40 P.M. and found to have the following injury on his person: